Originally Posted by JeffA
Way to much unknown for me to come to any kind of conclusions as to who was legally right or wrong in this situation.

LEO types making off the cuff assumptions and willing to write tickets or make arrests, don't mean any of that would hold up in court.

Is there a local ordinance prohibiting or limiting seaplane use in this bay? Just cause you own a plane don't give you the right to land, takeoff or taxi anywhere you want.

One thing I can tell from viewing online images of Halibut Cove is that I don't see airplanes tied to docks. That uppity lodge there don't even have it's own planes.

I find that in itself rather peculiar for a high-end Alaskan community with no road system.

Does she own the bay?

Alaska law offers these types of coastal waterfront land owners very specific rights that extend to mean low water and mean high water marks.
Ain't nobody gonna know the mean low water mark on any piece of land with a casual glance. It requires a special detailed survey to figure that out..

She may very well 'own the bay' or at least a single piece of land where her rights extend to the point that you can't access the bay without trespassing on her land.

The way I see it she may have being attempting to get the plane to stop so she could inform him of the woes of his ways.
He refused to stop, so she tried again and again.

How different is this from me running my side by side across your private property and you cutting me off with your pickup in order to stop me, I swerve and avoid you so you try again?

Far too much unknown...
Its a shallow bay, I've been in there a few times, never tied up as I got the impression they prefer out of state folks with money. Not cheap azz Alaskans! Considering Homer has the 2nd most active tide's in the world, its possible some area's of the bay go dry on a minus tide. Regardless you know damn well she doesn't own the bay. Pretty clear she was antagonizing the pilot of the floatplane. A sane person that wanted to get the pilot's attention would have hailed him on the radio and or paralleled his course. I suspect they have interacted prior to this and have obviously not reached a understanding. It's also obvious she does think she owns the water and can bully people into believing she has a right to control the water. She may be steeped in Ak history, does not give her the right to be an a hole. Seen it a lot with long time Alaskans that want to make it appear that have more rights than anyone that hasn't been here 75 years... yet they like the money outsider's bring... some outsider's stick around and turn out ok..


For those without thumbs, it's s Garden fookin Island, not Hawaii